Emery Roth & Sons v. National Kinney Corp.

Order, Supreme Court, New York County, entered on September 15, 1976, insofar as appealed from, affirmed, without costs and without disbursements, for the reasons stated by Stecher, J., at Special Term. Cross appeal from the order of the Supreme Court, New York County, entered on September 15, 1976, permitted to be withdrawn, without costs and without disbursements. Concur — Birns, Capozzoli and Lane, JJ.; Murphy, P. J., dissents in part in the following memorandum with respect to [the first-above appeal]. Paragraph 18 (a) of the subject lease reads as follows: "18. In case of any such…